Procedural Aspects of Shared Responsibility in International Adjudication: Introduction

Abstract

This paper provides an analytical framework for studying and understanding the degree in which international courts can effectively adjudicate claims against multiple responsible actors. It identifies and discusses procedural rules that are relevant to judicial handling of questions of shared responsibility, and distinguishes them from procedural rules that are they more generally typical for multilateral dispute settlement. It also explores the factors that account for differences between international courts in terms of their ability to handle questions of shared responsibility.